Many Petrochemical Plants That Make Plastic Have No Limits on the Release of Nitrogen, Dioxins, 1,4-Dioxane and Other Pollutants
For the report, click here. For audio of the press conference, click here and here. To watch the video, click here.
Washington, D.C. – The plastics manufacturing industry dumps almost a half billion gallons of wastewater per day into U.S. waterways, and a failure of EPA oversight means that most plants have no limits on the amounts of nitrogen, phosphorus, 1,4-dioxane, dioxins, and other harmful pollutants they are allowed to release.
In a new report, the Environmental Integrity Project (EIP) examined the permits and records of 70 U.S. facilities that make plastics or the main chemical ingredients in plastics and found they discharged almost 12 million pounds last year of total nitrogen and phosphorus, which can cause fish-killing “dead zones.” All but one of these plants had no limits in their permits for discharging these nutrients into waterways. More than two thirds of this pollution was released by facilities in communities of color, according to EIP’s report, “Plastic’s Toxic River: EPA’s Failure to Regulate the Petrochemical Plants That Make Plastic.”
This problem has grown out of EPA’s failure to update federal pollution control technology standards for chemical plants and plastics manufacturers for over 30 years, in violation of the federal Clean Water Act, despite the fact that modern pollution control technology could dramatically reduce this contamination.
“It is inexcusable that EPA is not following the Clean Water Act and failing to require the multi-billion-dollar plastics industry to install modern pollution control systems,” said Jen Duggan, Executive Director of the Environmental Integrity Project. “Plastics plants are poisoning our waters and contaminating our bodies – and EPA needs to do its job and protect our waterways and downstream communities.”
The plastics industry has grown rapidly in the last two decades, in part because hydraulic fracturing and other technological advances have made natural gas – a primary ingredient in plastics – cheaper and more available. At least 10 new plastics plants are proposed in the U.S., along with 24 proposed expansions, with many along the Gulf Coast in Texas and Louisiana.
In addition to tons of greenhouse gases and toxic air pollutants, these plants release significant amounts of water pollution – much of which is unregulated. Among the main findings of EIP’s investigation of this wastewater are the following problems, according to a review of public records and company reports:
- Nutrient pollution: The 70 plastics plants released nearly 10 million pounds of nitrogen into the nation’s waterways in 2023, as much as 81 municipal sewage plants. These plants also released 1.9 million pounds of phosphorus, as much as 108 municipal sewage plants. None of the 70 plants we studied for this report had limits on total nitrogen in their pollution control permits, and only one had a limit on phosphorus pollution. These two nutrients feed toxic algal blooms and low-oxygen zones.
- 1,4-Dioxane: This is a harmful pollutant for which EPA has yet to set any federal wastewater limits, despite increasing evidence that it may cause cancer and is a threat to drinking water. Eight plastics plants released an estimated 74,285 pounds of 1,4-dioxane to waterways in 2022, but just two of these facilities have limits for this pollutant in their permits that were set by the states.
- Dioxins: Although dioxins are among the most toxic chemicals known to science, EPA has set no limits on the amount of these potent carcinogens that plastics plants are allowed to release. Ten plastic plants reported releasing 1,374 grams of dioxins and dioxin-like compounds to waterways in 2022, and only three of these plants have any kind of limits on how much of this carcinogen they are allowed to release, and these were set by the states in individual pollution control permits.
- Frequent Violations, Rare Enforcement: Even with weak pollution limits in their permits, nearly 83 percent (58 of 70) of the plants examined by EIP violated the existing limits by releasing more pollution than allowed at least once from 2021 to 2023. But only 14 percent (8 of 58) of these plants faced a financial penalty over this period. The plant with the most violations – the Chemours Washington Works plant in West Virginia – had 115 violations from 2021 to 2023, but no penalties.
- Outdated Permits: Forty percent of the plastics plants examined for this report – 28 of 70 – are operating on water pollution control permits that are outdated but have been administratively continued by state agencies, and one other permit has expired. Wastewater permits are supposed to be updated every five years, but state agencies often can’t keep up due to budget and staffing constraints.
- Plastic Nurdles and Microplastics: Dozens of plastics manufacturers across the country make tiny plastic pellets called “nurdles” – as well as plastic flakes, beads, and powders – that are molded into consumer plastic goods. Although absolute numbers are not known, releases of these plastic particles into waterways are common.
In addition to all these problems, petrochemical plants have been recognized by EPA as potential sources of “forever chemicals” (PFAS), that persist in waterways and have been linked to increased cancer risk, hormone disruption, reduced ability of the body to fight infections, and reproductive harms, including low birth weight in babies and developmental delays. Data about these pollutants released by plastics and petrochemical plants is scarce, however, because of a lack of EPA limits or even monitoring requirements.
The report gives examples of local harm caused by plastic plant water pollution, including in Louisiana, Texas, West Virginia and South Carolina.
On the Calcasieu River in southwest Louisiana, the Westlake Eagle Lake Charles plastic plant is one of the largest dischargers of dioxins in the U.S., but has no limits in its permit for the amount of this carcinogen it is allowed to release. In Galveston Bay, Texas, activists have been collecting thousands of nurdles littering beaches and are lobbying for a new state law to ban these microplastics. In West Virginia and South Carolina, plastic plants have been releasing large amounts of 1,4-dioxane into rivers, leading local activists to demand federal limits on this pollutant to protect drinking water.
Kristen Schlemmer, the Houston-based Bayou City Waterkeeper, said: “The communities in our water-rich region deserve protection from the extensive, known risks associated with the plastics manufacturing industry. By failing to exercise its legally required oversight, EPA is allowing this dangerous industry to increase the already unfair pollution and health burdens we experience in Houston and on the Texas coast.”
James Hiatt, Executive Director of the Louisiana-based For a Better Bayou, said: “Decades of unchecked pollution have transformed the Calcasieu River into a dumping ground for toxic chemicals, with little accountability for the companies responsible. It’s unacceptable that these plastics plants, profiting from our natural resources, are allowed to continue to release carcinogens like dioxins into our waterways. We need to hold these polluters accountable—and make them clean up the damage they’ve caused.”
Luke Metzger, Executive Director of Environment Texas, said: “Plastic pellets dumped by factories into the Gulf and other waterways are creating an ecological mess. We need lawmakers to stop plastic pollution and ensure clean water and healthy wildlife.”
Autumn Crowe, Deputy Director of the West Virginia Rivers Coalition, said: “The plastic manufacturing industry’s toxic discharges puts our residents’ health at risk. According to the Center for Disease Control, West Virginia has the third highest cancer death rate in the nation. West Virginians should not have to sacrifice their health for good paying jobs. The industry’s culture of non-compliance must be stopped.”
Bill Stangler, the South Carolina-based Congaree Riverkeeper, said: “This toxic pollution from plastic production is unacceptable. Our federal and state agencies need to step up and protect our river and the downstream communities.”
The report makes the following policy recommendations:
- REQUIRE THE USE OF MODERN WASTEWATER POLLUTION CONTROLS: EPA last updated the effluent limitation guidelines for the Organic Chemicals, Plastics, and Synthetic Fibers sector in 1993, despite the Clean Water Act’s mandate to update rules to keep pace with advances in technology. EPA must bring these regulations up to date to reflect modern treatment technology and known threats to public health.
- PROHIBIT PLASTIC DISCHARGES INTO WATERWAYS: The water quality standards in most states prohibit plastics facilities from discharging plastic pellets and “nurdles” in wastewater and stormwater, but these are often not enforced. EPA should promulgate a rule that makes this ban clear and consistent for all states and permits should require frequent inspections for nurdles to prevent discharges.
- IMPROVE MONITORING REQUIREMENTS: When applying for a wastewater permit, companies are required to sample wastewater for a suite of pollutants that extend beyond the routine monitoring mandated by the permit. This suite of pollutants has not been updated since 1987 and, currently, does not include 1,4-dioxane, PFAS, and other dangerous pollutants known or suspected to be discharged by these plants. EPA should update its permit application monitoring list and add these pollutants.
- INCREASE POLLUTER ACCOUNTABILITY AND OVERSIGHT: EPA and state agencies must increase enforcement of Clean Water Act permit violations and impose penalties that will discourage future violations. The states should also address resource problems that hinder permit writers from issuing updated permits.
- IMPROVE PERMIT TRANSPARENCY AND RECORDKEEPING: All wastewater discharge permits and supporting documents, like permit applications and fact sheets, must be made freely available to the public online. Currently, states approach these documents differently, with some providing all documents online while others require costly public information requests.
For a copy of the full report, click here.
The Environmental Integrity Project is America’s environmental watchdog. We hold polluters and governments accountable to protect public health and the environment.
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Media contact: Tom Pelton, Environmental Integrity Project (443) 510-2574 or tpelton@environmentalintegrity.org
